Effexor Generic Suppression Antitrust Litigation

Court: United States District Court, District of New Jersey

In re Effexor XR Antitrust Litigation, Case No.: 11-cv-5590

Leadership Position: Plaintiffs’ Executive Committee

Wexler Wallace LLP is currently serving on the End-Payor Plaintiffs’ Executive Committee in an antitrust class action filed against Wyeth, Inc., among others, involving the antidepressant Effexor XR. The plaintiffs allege that Wyeth fraudulently obtained a number of method-of-use patents for Effexor XR and engaged in sham litigation against potential generic competitors in an effort to protect the Effexor XR monopoly. Plaintiffs further allege that Wyeth entered into an anticompetitive, pay-for-delay settlement with Teva, the first generic ANDA filer, in order to forestall generic competition. As a result of these actions, generic Effexor XR competition was delayed for more than two years.